DURABLE FINANCIAL POWER OF ATTORNEY

(Florida – Chapter 709, Florida Statutes)

[// GUIDANCE: This template reflects the Florida Powers of Attorney Act, Fla. Stat. § 709.2101 et seq. Customize all bracketed fields, confirm witness/notary requirements, and obtain local counsel review before use.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Grant of Authority
   3.2 Specific Enumerated Powers
   3.3 Special Super–Powers (Fla. Stat. § 709.2202)
4. Representations & Warranties
5. Covenants & Restrictions of Agent
6. Default, Revocation & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Agent’s Acceptance

1. DOCUMENT HEADER

Durable Financial Power of Attorney
Effective Date: [DATE]

Principal: [FULL LEGAL NAME], residing at [ADDRESS] (“Principal”).

Designated Agent: [FULL LEGAL NAME], residing at [ADDRESS] (“Agent”).

Successor Agent(s) (optional): [NAME / ORDER OF SUCCESSION].

Recitals

A. Principal desires to appoint Agent to act for Principal in accordance with the Florida Powers of Attorney Act.
B. This instrument is intended to be durable and shall not be affected by Principal’s subsequent incapacity, except as provided by law.
C. Consideration for this appointment is the mutual promises and agreements herein.

2. DEFINITIONS

For purposes of this Durable Financial Power of Attorney (the “Power”):

“Assets” means all property, real or personal, tangible or intangible, wherever located, in which Principal now or later holds any interest.

“Durable” has the meaning set forth in Fla. Stat. § 709.2104, namely that the Power is not terminated by the Principal’s incapacity.

“Fiduciary Duty” means the duties of loyalty, care, impartiality, record-keeping, and to act in good faith, as imposed on an agent under Fla. Stat. § 709.2114.

“Lien” means any mortgage, security interest, pledge, charge, or encumbrance of any nature.

“Third Party” includes any person or entity other than Principal and Agent with whom Agent deals under this Power.

All other capitalized terms have the meanings ascribed to them within the context of this instrument.

3. OPERATIVE PROVISIONS

3.1 Grant of Authority

Principal grants to Agent full power and authority to act for Principal with respect to all matters described in Section 3.2 and, if elected, Section 3.3, subject to the limitations herein.

3.2 Specific Enumerated Powers

Agent may exercise the following powers, each of which is construed as a power of substitution and delegation to the fullest extent permitted by law:

a. Banking Transactions;
b. Securities and Commodities Transactions;
c. Real Property Transactions (excluding the “super-powers” in 3.3(g));
d. Tangible Personal Property Transactions;
e. Insurance and Annuities Transactions;
f. Estate, Trust, and Beneficiary Transactions (excluding creation, amendment, or revocation of trusts; see 3.3(a));
g. Claims and Litigation;
h. Personal and Family Maintenance;
i. Governmental Benefits;
j. Tax Matters;
k. Digital Assets Management; and
l. Access to Safe-Deposit Boxes.

[// GUIDANCE: Tailor or delete any authority not intended to be granted.]

3.3 Special Super-Powers (Fla. Stat. § 709.2202)

Florida law requires the Principal to place their initials next to each power granted below. Strike out any power not granted.

FAILURE TO INITIAL A POWER MEANS IT IS NOT GRANTED.

4. REPRESENTATIONS & WARRANTIES

4.1 Principal represents that:
a. Principal is at least eighteen (18) years of age and of sound mind.
b. No other power of attorney remains in force that conflicts with this Power.

4.2 Agent represents that, upon acceptance, Agent:
a. Is at least eighteen (18) years of age and legally competent;
b. Will discharge all Fiduciary Duties imposed by law and this Power; and
c. Is not currently suspended or disqualified from acting as a fiduciary in any jurisdiction.

5. COVENANTS & RESTRICTIONS OF AGENT

5.1 Fiduciary Duties. Agent shall at all times act:
i. In good faith;
ii. Within the scope of authority granted; and
iii. In the best interest of Principal, using care, competence, and diligence.

5.2 Record-Keeping. Agent shall maintain records of all receipts, disbursements, and transactions conducted on behalf of Principal and shall provide an accounting within thirty (30) days of a written request by Principal, a court, or other authorized person.

5.3 Co-Agents & Delegation. Unless expressly authorized in [SECTION 3.2(l)], Agent may not delegate authority to third parties other than customary professionals (e.g., attorneys, accountants) engaged on commercially reasonable terms.

5.4 Compensation. Agent [is / is not] entitled to reasonable compensation and [shall / shall not] be reimbursed for reasonable expenses.

5.5 Limitations. Agent shall not:
a. Self-dealing, except as expressly allowed above;
b. Commingle Principal’s assets with Agent’s own;
c. Create obligations exceeding the aggregate value of Assets under management, except with express written consent of Principal.

6. DEFAULT, REVOCATION & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Breach of Fiduciary Duty;
b. Misappropriation of Assets;
c. Conviction of Agent for a felony involving dishonesty;
d. Incapacity or death of Agent; or
e. Resignation without thirty (30) days’ notice.

6.2 Notice & Cure. Principal, Successor Agent, or any interested person may provide written notice of default. Agent shall have ten (10) days to cure, unless the default is non-curable or poses imminent risk, in which case termination is immediate.

6.3 Remedies. Upon default, Principal or the court may:
i. Revoke this Power;
ii. Seek injunctive relief to freeze transactions;
iii. Compel an accounting;
iv. Surcharge Agent for losses; and
v. Recover reasonable attorneys’ fees and costs.

6.4 Revocation by Principal. Principal may revoke this Power by:
a. Executing a written revocation;
b. Destroying the original instrument with intent to revoke; or
c. Any method permitted under Fla. Stat. § 709.2110.
Revocation is effective upon notice to Agent and, as to Third Parties, upon actual knowledge.

7. RISK ALLOCATION

7.1 Indemnification. Agent shall indemnify and hold harmless Principal for any loss, liability, or expense (including attorneys’ fees) arising from Agent’s breach of Fiduciary Duty or acts outside the scope of authority.

7.2 Limitation of Liability. Except for willful misconduct or gross negligence, Agent’s aggregate liability shall not exceed the value of Assets under management at the time the cause of action arises.

7.3 Insurance. Agent [shall / may] obtain fiduciary liability insurance with minimum limits of [$__] per occurrence.

7.4 Force Majeure. Agent is excused from performance to the extent delayed or prevented by events beyond Agent’s reasonable control, provided Agent endeavors to mitigate and resumes performance promptly.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Power shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

8.2 Forum Selection. Any judicial proceeding shall be brought exclusively in the probate division of the court of competent jurisdiction in [COUNTY], Florida.

8.3 Limited Arbitration. Disputes solely between Principal and Agent for monetary damages under \$[AMOUNT] shall be submitted to binding arbitration administered by the American Arbitration Association under its Expedited Procedures. Injunctive relief, accountings, and matters involving third parties remain within the exclusive jurisdiction of the forum designated in Section 8.2.

8.4 Jury Waiver. To the extent permitted by Florida law, the parties knowingly waive trial by jury for any claim arising out of this Power, except where such waiver is not enforceable.

8.5 Injunctive Relief. Nothing herein limits the court’s power to grant equitable or injunctive remedies to protect the Principal’s interests.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Only the Principal may amend this Power by a later-dated instrument executed with the same formalities. No waiver is effective unless in writing and signed by the Principal.

9.2 Assignment. This Power is personal to Agent and may not be assigned.

9.3 Successors & Assigns. All lawful acts of the Agent bind Principal and Principal’s heirs, executors, administrators, successors, and assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be severed and enforced to the fullest extent permitted.

9.5 Integration. This document constitutes the entire power of attorney and supersedes all prior inconsistent instruments.

9.6 Counterparts; Electronic Signatures. This Power may be executed in counterparts, each deemed an original. Signatures in electronic form or via notarized online platform authorized under Fla. Stat. ch. 117 are valid and enforceable.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Principal has executed this Durable Financial Power of Attorney on the Effective Date set forth above.

Principal

[PRINCIPAL NAME], Principal

Witnesses

1. ____ Date: _
   Print Name: ___
2. ____ Date: _
   Print Name: ___

Notary Public

State of Florida
County of [__]

The foregoing instrument was acknowledged before me on [DATE], by [PRINCIPAL NAME], who [ ] is personally known to me or [ ] produced ___ as identification and who did not take an oath.

Notary Public, State of Florida
Commission No.: ____
My Commission Expires: ____

[Official Seal]

11. AGENT’S ACCEPTANCE

Agent: I, [AGENT NAME], accept the appointment as Agent and acknowledge the Fiduciary Duties and limitations imposed by this instrument and Chapter 709, Florida Statutes.

[AGENT NAME]

Date: _______

[// GUIDANCE: Attach schedules or riders for asset lists, compensation terms, or additional instructions if desired. Ensure Principal initials any Super-Powers granted in Section 3.3 on each line in ink before witnesses and notary.]